Legal Opinion

Sidney School Furniture Co. v. School District

Supreme Court of Pennsylvania

Decided November 1, 1886PublishedCited by 3 opinions

Argued October 8, 1886, before Gordon, Trunkey, Sterrett, Green, and Clark, JJ. October Term, 1886, No. 135, W. D. Error to the Common Pleas of Jefferson County to review a judgment on a verdict for defendant in an action of assumpsit.

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Argued October 8, 1886, before Gordon, Trunkey, Sterrett, Green, and Clark, JJ. October Term, 1886, No. 135, W. D. Error to the Common Pleas of Jefferson County to review a judgment on a verdict for defendant in an action of assumpsit. The facts are fully set out in the following charge to the jury in the court below, by Wilson, P. J.: “The Sidney School Furniture Company, John Loughlin, sole proprietor, has brought its action of assumpsit in this court against the school district of Warsaw township on a contract in writing, as follows: “ ‘This contract, made the 25th day of July, 1885,…

1Opinion of the Court

Opinion by

Mr. Justice Green:

The portion of the charge covered by the second assignment of error was a distinct direction to the jury that upon a sale of goods by sample there is an implied warranty that the goods sold should be of a quality equal to that of the sample. The idea was repeated in the second clause of the language excepted *42to, with the additional statement-that the goods sold should be equal in value to the sample. That this is contrary to the perfectly 'well-settled law of this commonwealth is so manifest that no discussion is required to prove it.

The case of Borrekins v. Bevan,…

2Cases cited3 opinions

  1. Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
  2. Wheeler v. WinnSupreme Court of Pennsylvania · 1866
  3. Selser v. Roberts & Co.Supreme Court of Pennsylvania · 1884

3Cited by3 opinions

  1. Givanovitch v. Hebrew CongregationSupreme Court of Louisiana · 1884
  2. Sample v. BrockentonSupreme Court of Louisiana · 1917
  3. Stafford v. HarperSupreme Court of Louisiana · 1880

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